News Essentials: 28th May 2022

A brief summary of the essential family law news and cases from the last week: 

NEWS

Twenty per cent rise in children’s social workers quitting sector last year, suggest government figures
DfE analysis finds one in 12 children’s social workers appear to have quit local authority practice in year to September 2021, as report for care review highlights poor working conditions. Full story: Community Care.

The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022
Makes provision for the payment out of central funds of sums to cover the properly incurred fees, costs and expenses of a legal representative appointed under new section 31W(6) of the Matrimonial and Family Proceedings Act 1984 or new section 85K(6) of the Courts Act 2003. Statutory Instrument.

Fact-finding hearings should not be default in abuse cases - McFarlane
The president of the family division has called for fewer fact-finding hearings - revealing that judges and magistrates have been issued with guidance to correct an ‘urban myth’ regarding a groundbreaking case last year. Full story: Law Society Gazette.

Kinship care undermined by failure of support in family justice system, finds APPG report
The All-Party Parliamentary Group (APPG) on Kinship Care has published a new report - 'Lost in the Legal Labyrinth' - which has found that the family justice system fails to support kinship care sufficiently and instead undermines the principle of the state working in partnership with children and their families. Full story: Family Law Week.

Latest statistics show continuing decline in marriage rates
There were 219,850 marriages in total in England and Wales in 2019, a decrease of 6.4 per cent from 2018. Full story: Family Law Week.

‘Soaring demand to protect vulnerable children drives cost of care up by a quarter’: LGA
Soaring demand to protect vulnerable children at risk of harm has seen spending to provide support increase by almost a quarter in five years, with an upcoming national care review a "once-in-a-generation" opportunity to set out long-awaited reform, the Local Government Association has warned. Full story: Family Law Week.

Parliament debates reform of the Child Maintenance Service
A House of Commons debate on 'Reforming the Child Maintenance Service' was held in Westminster Hall on 19 May 2022. Full story: Family Law Week.

CASES

Bury Metropolitan Borough Council v ML & Anor [2022] EWHC 746 (Fam) (04 April 2022)
Application by local authority for an order that the father should be discharged as a party to care proceedings concerning 16 year old child. Full report: Bailii.

TS v DMM [2022] EWHC 1145 (Fam) (23 May 2022)
Application by father for the summary return of child to Poland. Protective measures found to provide mitigation to any risk under Art 13 (b) & return ordered. Full report: Bailii.

Barts Health NHS Trust v Dance [2022] EWHC 1165 (Fam) (13 May 2022)
Application by NHS Trust for a declaration that it is lawful and in best interests of brain damaged child for brain stem testing to take place, to confirm that he is "brain stem dead". Declaration made. Full report: Bailii.

Z (A Child) [2022] EWHC 1005 (Fam) (03 May 2022)
Application by father to have FGM Protection Order in relation to child set aside, to allow him to take her to Guinea. Full report: Bailii.

E v D [2022] EWHC 1216 (Fam) (12 April 2022)
Application by mother for summary return of child to the jurisdiction of Malta. Return order made. Full report: Bailii.

MZ v FZ & Ors [2022] EWHC 295 (Fam) (15 February 2022)
Applications by mother for protective relief and for the extensive curtailment of the father's exercise of his parental responsibility. Full report: Bailii.

Abbasi & Anor v Newcastle upon Tyne Hospitals NHS Foundation Trust [2021] EWHC 1699 (Fam) (23 June 2021)
Judgment concerning the jurisdiction of the High Court to maintain a Reporting Restriction Order prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of "end of life" proceedings. Full report: Bailii.